The Institution

Legislative Powers

The Louisiana Constitution establishes the legislative branch
as one of the three coordinate branches of state government.
Article III, Section 1(A)
vests the legislative power of the
state in the legislature, consisting of the Senate and the House
of Representatives. The legislature is responsible for
determining general policy for the state and for the residents of
the state through the enactment of laws. The power to enact laws
is subject to the substantive and procedural limitations of the
federal and state constitutions. Oversight of the actions of the
executive in administering state programs is also vested in the
legislature. This power, closely related to the power to make
laws, is exercised in order to assure that legislative policy and
intent are carried out. Review of administrative rules of
executive branch agencies by legislative oversight committees is
an important exercise of this authority. The legislature and its
committees also have the power to gather information and make
such investigations as may be needed to enact laws.

Although the executive branch of state government is
responsible for the implementation of the constitution and laws,
the governor, as the chief executive officer of the state,
exercises certain legislative powers.
La. Const. Article IV, Sec. 5(B)
directs him, at the beginning of each regular session and at
other times, to make reports and recommendations and to give
information to the legislature concerning the affairs of state,
including its complete financial condition.
La. Const. Article IV, Sec. 5(D)
requires the governor to submit to the legislature an
operating budget and a capital budget for each fiscal year. The
governor is authorized to call the legislature into special
session. Additionally, he may veto any bill or any item in an
appropriation bill. The legislature has constitutional power to
override a veto by two-thirds of the elected membership of each
house.

Continuous Body

La. Const. Article III, Sec. 1(B)
makes the legislature a
continuous body during the time for which its members are
elected; however, a bill or resolution not finally passed in any
session shall be withdrawn from the files of the legislature. The
continuation of authority permits standing committees of the
legislature to meet during the interim between sessions.

Composition

La. Const. Article III, Sec. 3
provides that the number of
members of the legislature shall be provided by law, but
establishes a maximum number of senators at 39 and the maximum
number of members of the House of Representatives at 105. The
distribution of representation in both houses of the legislature
is based on population in accordance with state constitutional
mandate (La. Const. Art. III, Sec. 6)
and U.S. Supreme Court
decisions. The constitution provides for single-member districts
exclusively. The legislature is required to reapportion the
representation in each house by the end of the year following the
year in which the state's population is reported to the president
of the United States for each decennial federal census, on the
basis of total population shown by such census.

Terms and Vacancies

Legislators are elected for four-year terms and take office on
the same day as the governor and other statewide elected
officials. To get more information about upcoming elections, visit the
Secretary of State's Office - Elections Division.

A vacancy in the legislature can be filled
only for the remainder of the term during which the vacancy
occurred and only by the electors of the district in which the
vacancy occurred (La. Const. Art. III, Sec. 4(D)).

Officers

The officers of each house of the legislature are elected at
the beginning of each term to serve for four-year terms. The
House of Representatives elects from among its members a speaker
and speaker pro tempore. It also elects its chief clerical
officer, the clerk of the House, who is not a member. The Senate
elects its presiding officer, the president of the Senate, from
among its membership and also elects a president pro tempore from
its membership. It selects its chief clerical officer, the
secretary of the Senate, who is not a member. Each house provides
for the election of its officers. (La. Const. Art. III, Sec. 7(C)).

Sessions of the Legislature

The legislature is required to convene in the state capitol in
Baton Rouge for regular annual sessions. In even-numbered years, a
general session convenes at noon on the second Monday in March to
extend for no longer than 60 legislative days during a period of
85 days. In odd-numbered years, a limited jurisdiction session convenes at
noon on the second Monday in April for no longer than 45
legislative days during a period of 60 days. The legislature also
may convene for extraordinary sessions and for veto sessions. The
legislature is required to meet in an organizational session,
which cannot exceed three days, on the date its members take
office. A special session may be called by the governor or may be
convened by the presiding officers of both houses upon a written
petition of a majority of the elected members of each house. A
special session is limited to the number of days stated in the
proclamation, not to exceed 30 days. The power to legislate in a
special session is limited to the objects specifically enumerated
in the proclamation (La. Const. Art. III, Sec. 2).

Privileges and Immunities

A member of the legislature shall be privileged from arrest,
except for felony, during his attendance at sessions and
committee meetings of his house and while going to and from them.
No member shall be questioned elsewhere for any speech in either
house (La. Const. Art. III, Sec. 8).

Conflict of Interest

La. Const. Art. III, Sec. 9
provides that legislative office
is a public trust, and every effort to realize personal gain
through official conduct is a violation of that trust and
requires the legislature to enact a code of ethics for public
servants (see La. Rev. Stat. 42:1101 et seq.)

Quorum, Attendance, Journal, and Adjournment

The constitution requires that a majority of each house (53
members of the House of Representatives and 20 members of the
Senate) shall form a quorum to transact business. A smaller
number may adjourn from day to day and may compel attendance of
absent members. Each house is required to keep a journal of its
proceedings and have it published immediately after the close of
each session. The journal of each house is required to accurately
reflect the proceedings therein, including all record votes. When
the legislature is in session, neither house can adjourn for more
than three days or to another place without the consent of the
other house.

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